Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27623 of 2018 Applicant :- Veeru Opposite Party :- State Of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of the counsel for applicant is that victim is a married lady and there was absolutely no allegation of rape made against the applicant when the FIR was lodged. Later on when the victim was examined by the Investigating Officer even at that stage also she never made the allegation of rape against the applicant. It was only at a very belated stage when she was examined by the Magistrate that she had introduced the charge of rape at this level. Further submission is that even otherwise the prosecution story sounds highly improbable and contains all elements which are strongly suggestive of her being a consenting party. It has been alleged in the FIR that the applicant came up to the victim and proposed marriage with her and also promised that he would leave his own wife. It was on the promise of marriage that he took the victim along with him. Submission is that unless the victim agreed with the applicant, there was no reason for her having gone along with the applicant. Learned counsel for the applicant submits that even though the allegations as have been made are all false but if the same are taken at its face value then also according to the allegations made in the FIR the victim appears to have gone with the applicant with her own consent and not against her will. The argument is that the belated introduction of charge of rape and high elements of improbability involved in the prosecution story make out a prima facie case in favour of the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 31.03.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Veeru involved in Case Crime No.268 of 2018, u/s 363, 366, 376, 342 I.P.C. & 3/4 Protection of Children from Sexual Offence Act, P.S.- Khandauli, District-Agra, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.7.2018 shiv